Notes for 8/20

advertisement

I.

II.

ORIGINS OF THE AMERICAN REPUBLIC

Sources of the Constitution.

A.

B.

C.

D.

British customs and traditions, e.g., Magna Carta and English Bill of Rights.

European philosophers, e.g., Locke, Hobbes, Montesquieu, Rousseau

Colonial experiences, e.g., power of elected assembly.

State constitutions written after the Declaration of Independence, e.g., Preamble closely resembles the introduction to the Mass. Constitution.

B.

Constitutional Convention, 1787.

A. Background.

1.

2.

3.

Decl. of Indep. ---> Rev. War ---> Articles of Confed. and its weak central govt .: a. b. c. d.

No power to tax.

No chief executive.

No national judiciary.

No power to regulate interstate or foreign commerce. e. No national currency.

Annapolis Convention, 1786: called to improve Articles.

Shays' Rebellion, 1786 ---> necessity of a stronger national government.

3.

Delegates.

1.

2.

Characteristics: "well-read, well-bred, well-fed, and well-wed."

Participants: a. b. c. d. e.

Madison: "Father of Const." because of leadership and detailed notes of proceedings.

Washington: presiding officer

Franklin: "elder statesman."

Morris: largely responsible for final wording of Const.

Hamilton: most forceful advocate for strong central government.

Charles Beard's Economic Interpretation of the United States (1913). a. b.

Constitution was written by propertied class ---> naturally reflected those interests (although no conspiracy per se).

Rebuttals:

1)

2)

3)

Most people owned property.

Even the poor, in hopes of someday owning property, wanted to protect property.

Establishing a democratic government involved risks and dangers

--> need to build in safeguards and protections.

C.

D.

Areas of agreement: representation.

2.

5.

6.

7.

8.

1.

2.

3.

4.

Scrap the Articles of Confederation

Establish a republican govt.

Establish a constitutional govt.

.

Established a balanced govt. where no single interest dominated.

Suffrage for property owners only.

Stronger central govt. than under the Articles.

Protection of property rights: the main purpose of govt.

Keep the proceedings secret.

Areas of disagreement ---> compromises:

1. Representation among the states. a. b. c.

Large states favored the Virginia Plan: based upon population.

Small states favored the New Jersey Plan: equal representation.

Connecticut (Great) Compromise: a bicameral legislature with a popularly-elected House (based upon population) and a Senate

(equal rep.) elected by state legislatures.

Representation and taxation of slaves. a. b. c.

Northern states wanted slaves to count for taxation, but not

Southern states wanted the opposite.

3/5 Compromise: 3/5 of the slaves would count for both purposes (3/5 was the ratio that would yield equal representation among northern and southern states).

3. Election of the President. a. b.

Life term v. annual election ---> compromise of a 4-year term.

Method of election:

1)

2)

3)

4)

Some wanted election by Congress.

Some wanted election by state legislatures.

Some wanted direct election.

Compromise: Electoral College system.

govts.

E.

4 .

5.

3.

2.

Ratification politics.

1. Federalists: a. b.

Supporters: property owners, creditors, merchants.

Views c. Leaders: Hamilton, Madison, Washington, Jay.

Antifederalists: a. b. c.

1)

2)

3)

Supporters: small farmers, frontiersmen, debtors, shopkeepers.

Views.

1)

2)

3)

4)

Elites most fit to govern.

Feared "excesses" of democracy.

Favored strong central government.

Feared concentration of power in hands of elites.

Believed that govt. should be closer to the people.

Feared strong central government. Favored stronger state

Feared the lack of Bill of Rights -- their strongest argument.

Leaders: Henry, Mason, Gerry.

Federalist advantages: a. b. c. d.

Were better represented in state legislatures.

Controlled the press.

Began ratification procedures quickly before Antifederalists could get organized.

Agreed to a Bill of Rights after ratification of the Const.

The Federalist Papers: Madison, Hamilton, and Jay. To rally support for ratification of the Constitution.

Ratification, 1788: by state ratifying conventions of popularly-elected delegates.

Download